RATHORE, J. - (1.) THE petitioner filed an application on 13. 10. 2004 before the Additional District Judge, Khetri for staying proceedings to enable the petitioner to move before the District Judge, Jhunjhunu to withdraw the case from the Court of Additional District Judge, Khetri to the Court of District Judge, Jhunjhunu on the ground that under Section 2 (1) (e) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as the Act of 1996) the principal civil court of original jurisdiction is only the court of District Judge, Jhunjhunu and not the court of Additional, District Judge, Khetri and therefore, the court has no jurisdiction to hear application under Section 34 of the Act of 1996.
(2.) THE Additional District Judge, Khetri vide its order dated 4. 12. 2004 dismissed the petitioner's application with cost of Rs. 1000/ -. THE present writ petition is directed against the order dated 4. 12. 2004. Precisely controversy is with regard to the fact that whether the court of Additional District Judge is principal civil court of original jurisdiction or not. For that purpose, both the learned counsel for the parties referred Section 6 of the Rajasthan Civil Courts Ordinance, 1950 (hereinafter to be referred as the Ordinance of 1950) which is reproduced hereunder:- 6. Classes of Courts :- There shall be the following classes of Subordinate Civil Courts in the State of Rajasthan, namely:- (1) the Court of the District Judge, (2) the Special Civil Courts (3) the Court of the Civil Judge, and (4) the Court of the Munsif By bare perusal of Clause 6, it appears that the subordinate civil courts are consist the Court of District Judge, Special Civil Court, Court of Civil Judge and the Court of the Munsif. The Additional District Judge is defined under Section 10 of the Ordinance of 1950. As per Section 10 of the Ordinance of 1950, when the business pending before any District Judge or District Judges so requires for its speedy disposal, the State Government may, upon the recommendation of the High Court sanction the appointment of such number of Additional Judges for the Court or Courts of such District Judge or District Judges, as may be necessary. Where the District Judge transferred the execution proceedings to the Additional District Judge under Section 10 of the Ordinance, the Additional District Judge is fully empowered to exercise the same powers as the District Judge had. As per Section 11 of the Ordinance of 1950, in the event of the death, resignation or removal of a District Judge or of his being incapaciated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held an Additional Judge of his Court or if no Additional Judge has been appointed for that Court or is present at that place, the Civil Judge if there be only one, and if there be more than on the Civil Judge who is senior in respect of date of appointment as Civil Judge, present thereat, shall without relinquishing his ordinary duties, assume charge of the office of the District Judge and shall continue in charge thereof until the office is resumed by the District Judge or assumed by an officer duly appointed thereto.
(3.) AS per sub-section (2) of Section 11, while incharge of the office of the District Judge the Additional Judge or Civil Judge, as the case may be, may, subject to any rules which the High Court may make in this behalf, exercise the powers of the District Judge. The Principal Civil Court is defined under Section 18 of the Ordinance. As per Sub-section 1 of Section 18, the Court of District Judge shall be the Principal Civil Court of original civil jurisdiction in the area over which his jurisdiction extends. Since the present matter relates to the arbitration Act, both the parties referred certain provisions of the Arbitration and Conciliation Act, 1996. As per Section 2 (1) (e), "court" means the principal civil court of original jurisdiction in a district, and includes the High Court, in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal civil court, or any court of small causes. After giving much emphasis of Section 2 (1) (e), learned counsel for the petitioner submits that principal civil court does not include the Additional District Judge, therefore, Additional District Judge, Khetri has no jurisdiction to hear the application under Section 34 of the Act of 1996. ;